What does "MCR 2.113(F)(1)(b)" mean?

March 19, 2015 12:27 AM

I am the defendant in a Michigan lawsuit which references "MCR 2.113(F)(1)(b)". I am represented by an attorney in this matter, but I like to do my own research ahead of time, and I have not been able to figure out what MCR 2.113(F)(1)(b) actually is or says by using Google (although I have found many cases and/or amateur case theories which seem to reference it). I gather that MCR stands for Michigan Court Rules, but I have not been able to find a comprehensive listing of these rules, nor the exact text of MCR 2.113(F)(1)(b), and I am hoping someone here can help.
posted by anonymous to Law & Government (3 answers total)

I don't know the context of your situation, so I can't be sure I'm not looking at something utterly irrelevant, but does this look right?

CHAPTER 2 CIVIL PROCEDURE
Chapter Last Updated 1/1/2015
Subchapter 2.100 Commencement of Action; Service of Process; Pleadings; Motions

Rule 2.113 Form of Pleadings and Other Papers
(F) Exhibits; Written Instruments.
(1) If a claim or defense is based on a written instrument, a copy of the instrument or its pertinent parts must be attached to the pleading as an exhibit unless the instrument is
...
(b) in the possession of the adverse party and the pleading so states;

(page 22 of the PDF for the full rule)

Found by doing a Google search for "mcr Michigan Court Rules," which takes you to this page Then click Chapter 2, then subchapter 2.100.
posted by zachlipton at 12:33 AM on March 19, 2015 [4 favorites]

Zachlipton has it. This is a rule of civil procedure regarding a technical pleading requirement.

I am represented by an attorney in this matter, but I like to do my own research ahead of time

I am not sure what this means. Ahead of time of what?

If you had not mentioned that you had a lawyer, I would recommend that you get one. You have already done this, so the best course is to ask your lawyer these sorts of legal questions and how those matters affect your case. As much as you might like to do your own research, your question demonstrates that you don't know enough to do your own research. That's fine, and the reason you hire a lawyer. I promise you that your lawyer will answer any legal question you ask - that is what you are paying for.

Best of luck with your case.
posted by Tanizaki at 6:23 AM on March 19, 2015 [8 favorites]

Here is the page you need:
http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Pages/current-court-rules.aspx
posted by yclipse at 4:05 PM on March 19, 2015